Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellant, Mr. Kaushal Kishore Mishra and Mr. Mukesh Kumar, learned Additional Public Prosecutor, appearing for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 19.07.2004, passed by the learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara in Sessions Case No.181 of 1995 / 66 of 2003, whereby the sole appellant, Kumaris Mandal @ Kumaris Gorai has been convicted by the learned trial court for the offence committed and punishable under Section 324 of the Indian Penal Code and awarded rigorous imprisonment for two years, and a fine of Rs.500/- and in case of default of payment of fine to further undergo simple imprisonment for two months. The other five co-accused persons have been acquitted of the charge by the learned trial Court, by the same impugned judgment.
(3.) The prosecution case, is based upon, written report submitted by Sanatan Mandal before the Officer In-Charge, Kundahit Police Station on 24.06.1993, wherein, the informant has alleged, inter alia, that a case is pending against Bijay Mandal, Shasti Mandal, Anil Mandal, Ranjeet Mandal, etc with respect to land. The informant has further alleged that on 23.06.1993 at around 5-6 P.M., we were uprooting maize crops from the land. At that time, those people did not said any word. Rather at around 12.00 P.M. in the night, Kumaris Mandal @ Kumaris Gorai, Ranjeet Mandal, Anil Mandal, Uttam Mandal, Nimai Mandal and Shasti Mandal came to the house of the informant armed with Kulhadi (axe) and lathi. it is alleged that aforesaid persons assaulted the informant with axe and brother of the informant, Dhananjay Mandal, was assaulted by the accused persons by means of lathi causing injury to the informant and his brother. Informant has further alleged that Kumaris Mandal has assaulted him with axe causing injury on the head and that is why he is giving written report to the Police for taking legal action.;